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DECISION No. 169/2003/QD-TTg OF AUGUST 12, 2003 APPROVING THE SCHEME ON RENEWING THE EXECUTIVE MODE AND MODERNIZING WORKING OFFICES OF THE STATE ADMINISTRATIVE SYSTEM, STAGE I (2003-2005)

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Prime Minister's Decision No. 136/2001/QD-TTg of September 17, 2001 approving the 2001-2010 Overall Program on State Administrative Reform;

At the proposal of the minister-director of the Government Office,

DECIDES:

Article 1.- To approve the Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005).

Article 2.- To assign the Government Office to assume the prime responsibility for and coordinate with the concerned ministries and branches in implementing this Scheme.

Article 3.- This Decision takes implementation effect 15 days after its publication in the Official Gazette.

The minister-director of the Government Office, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decision.

Prime Minister

PHAN VAN KHAI

SCHEME ON RENEWING THE EXECUTIVE MODE AND MODERNIZING WORKING OFFICES OF THE STATE ADMINISTRATIVE SYSTEM, STAGE I (2003-2005)

(Promulgated together with the Prime Minister's Decision No. 169/2003/QD-TTg of August 12, 2003)

I. THE SCHEME'S BACKGROUND

The requirements of the accelerated national industrialization and modernization and the international integration process have posed numerous matters, one of which is to raise the effect and effectiveness of the management by the State administrative system over the socialist-oriented market economy. The clear definition of the functions, tasks, powers and organizational structures of the agencies in the State administrative system must go hand in hand with the renewal of the executive mode and the modernization of working offices of the State administrative system, step by step making the administrative apparatus suitable to the new managerial mechanism as determined in the 2001-2010 socio-economic development strategy, that is to promote quickly and efficiently the modernization of the administrative work.

1. Achievements:

Over the past time, the executive mode of the Government as well as State administrative agencies at all levels has been step by step renewed. The Government and ministries have focussed more on making policies and laws, first of all those on economic institutions; the Government has directed the ministries and branches to formulate strategies, plannings and plans for the whole country's socio-economic development and to intensify the inspection and supervision of the observance and implementation thereof by the entire society.

The ministries, branches and localities have attached importance to modernizing their working offices, especially to repairing, renovating, upgrading and building working offices, working equipment and facilities, gradually improving the working conditions for the contingent of State administrative officials, employees and servants.

2. Limitations:

Our administration has still been fraught with vestiges of the subsidy-based and centralized planning mechanism, failing to meet the requirements of the new managerial mechanism and to properly serve the people in the new situation, with still low management effect and effectiveness. These limitations can be seen in the following aspects:

- The executive mode of the Government, ministries and branches at the central level, and the People's Committees at all levels still reveals many loopholes, which has been not only of the bureaucratic centralism but also scattered and cumbersome; with unclear assignment and decentralization of tasks; lax administrative order and discipline; weak coordination among State administrative agencies in the process of formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans; insufficient and inconsistent working regulations of the ministries, branches and local administrations; non-standardized and unpublicized processes of handling affairs in the State administrative agencies; excessive meetings and administrative paperwork.

- The investment in and construction of working offices of the State administrative agencies at all levels remain unplanned, casual and extravagant. Recently, a number of State administrative agencies where condition permit have proceeded with modernizing their working offices but they still lack specific steps, synchronism and standardization; in some places, the new working offices are not suitable to the levels of officials and employees and the level of labor organization in the agencies. Modernization of working offices is being simplistically understood as building working offices, procuring modern technical equipment and facilities, without taking into account their usability and econo-technical efficiency.

3. Causes:

The above-mentioned situation is attributed to many causes, but mainly and first of all to the following:

- Due to the habit formed in the old subsidy-based centralized bureaucratic administration, the agencies at the central and local levels have not yet paid due attention to renewing their mode of direction and execution, especially the coordination among the central State administrative agencies in the process of making and implementing policies; the regulations on public duties and public employees remain unclear; the personal responsibility regime remains unspecific; especially for the heads of State administrative agencies;

- The Government has not yet worked out an overall planning on the system of working offices, plans on investment in repairing, renovating, upgrading and building the system of working offices and not yet developed criteria for, and regimes of, working equipment and facilities of the State administrative agencies, officials, employees and servants. The previously promulgated criteria regarding design, warranty and maintenance regime and regulations on the management and use of working offices are no longer suitable, thus causing waste of the State's resources and budget, and reducing the effect and effectiveness of managerial activities.

II. THE SCHEME'S OBJECTIVES, REQUIREMENTS AND SCOPE

1. Objectives:

The Scheme's objectives are to continue renewing the mode of execution by the State administrative system, meeting the requirements of the socialist-oriented market economy and international integration; to step by step modernize working offices and procure necessary working facilities; for the immediate future to concentrate on laying scientific and practical foundations for promulgating legal documents on the executive mode and modernization of working offices of the State administrative system, constituting an integral part of the 2001-2010 Overall Program on State Administrative Program.

2. Requirements:

a/ To clearly determine the mode of execution by the Government and the Prime Minister along the direction that the Government and the Prime Minister shall focus on the macro direction and execution for the entire society through formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans;

b/ To perfect, and raise the quality of, the work of coordination among State agencies in policy making and implementation; to clearly define the working principles, regularize the process of settling matters in State administrative agencies at all levels along the direction that every job must fall under the charge of an organization or agency; for any job which cannot yet be assigned wholly to any agency, an agency must be designated to assume the prime responsibility therefor together with a coordination regulation; to tighten administrative discipline, heighten the personal responsibility of officials and employees through specific regulations, particularly that of the heads of State administrative agencies;

c/ The process of settling affairs in the State administrative agencies must be standardized and publicized; the system of administrative forms and papers must be used uniformly by these agencies;

d/ To formulate an overall planning for the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and the People's Committees at all levels; concurrently to draw up definite plans for investment in repairing, renovating, upgrading and building working offices; to standardize the regime of working equipment and facilities of State administrative agencies, officials and employees, serving as a basis for laying down the investment principles and order, and ensuring the efficient use of capital sources, with the practical conditions of our country being taken into consideration.

3. Scope:

The Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage 1 (2003-2005), is confined to the following scope:

a/ Renewing the executive mode of the State administrative system;

b/ Modernizing working offices of State administrative agencies at all levels.

III. THE SCHEME'S PRINCIPAL CONTENTS

The Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005), will be implemented through the following specific sub-schemes:

Sub-Scheme 1: Raising the quality of the work of coordination among State administrative agencies in the process of formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans

1. Objectives:

To make a substantial improvement in the work of coordination among State administrative agencies at the central level in the process of formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans in service of socio-economic development. To clearly define the responsibilities of the ministries, branches and localities in the process of participating in the formulation, promulgation and inspection of the implementation of policies, strategies, plannings and plans.

2. Contents:

Surveying and evaluating the actual quality of the work of coordination among State administrative agencies in formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans; studying and clearly identifying cases and putting forward proposals for renewing the work of coordination, promulgating a mechanism of inspecting and supervising the implementation of policies, strategies, plannings and plans.

3. Assignment of implementation responsibilities:

- Responsible agency: The Government Office:

- Coordinating agencies: ministries, branches and localities.

4. Outcomes of the Sub-Scheme:

a/ A report assessing the actual situation of the work of coordination among State administrative agencies in the process of formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans; and specific recommendations (in the first quarter of 2004);

b/ A draft decision of the Prime Minister prescribing the mechanism of coordination among State administrative agencies in the process of formulating, promulgating, and inspecting the implementation of, policies, strategies, plannings and plans (in the second quarter of 2004).

Sub-Scheme 2: Reviewing and evaluating the working regulations of State administrative agencies; working out a model working regulation for the ministries, the ministerial-level agencies, the agencies attached to the Government, and the People's Committees at all levels

1. Objectives:

To regularize the process of handling affairs in the State administrative agencies at all levels along the direction that every job must fall under the responsibility of an organization or agency; for any job which cannot yet be assigned wholly to any agency, an agency must be designated to assume the prime responsibility therefor together with a coordination regulation; to tighten administrative discipline, heighten the personal responsibility of officials and employees through various specific regulations, particularly that of the heads of State administrative agencies.

2. Contents:

- Surveying and gathering documents on the current working regulations of ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels;

- Reviewing and evaluating the working regulations of State administrative agencies; elaborating a model working regulation for ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels.

3. Assignment of implementation responsibilities:

- Responsible agency: the Government Office:

- Coordinating agencies: ministries, branches and localities.

4. Outcomes of the Sub-Scheme:

a/ A report on the evaluation of the existing working regulations of State administrative agencies (in the fourth quarter of 2003);

b/ A draft decision of the Prime Minister promulgating the model working regulation for ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels (in the fourth quarter of 2003);

c/ Basing themselves on the model working regulation, the ministries, branches and localities shall formulate and promulgate the working regulations of agencies and localities under their management (in the first quarter of 2004).

Sub-Scheme 3: Experimenting and applying widely the quality control system to the activities of State administrative agencies

1. Objectives:

To work out a process of handling affairs in the State administrative agencies in a scientific and rational manner, creating conditions for the heads of the State administrative agencies to control this process within their agencies, thereby step by step raising the quality and effectiveness of the management and provision of public services.

2. Contents:

- Surveying the situation, elaborating documents on conditions for application of the quality control system to the activities of the State administrative agencies;

- Selecting a number of agencies for experimentation and granting certificates to the qualified ones;

- Conducting a sum-up review, evaluation, formulation and perfection of legal documents permitting the wide application of the quality control system; organizing the application and granting of certificates to agencies satisfying the criteria for the quality control system in the administrative management.

3. Assignment of implementation responsibilities:

- Responsible agency: the Ministry of Science and Technology.

- Coordinating agencies: the Government Office, the Ministry of the Interior.

4. Outcomes of the Sub-Scheme:

a/ A report on the sum-up review of the experimental application of the quality control system to State administrative agencies (in the fourth quarter of 2003).

b/ A draft decision of the Prime Minister on the application of the quality control system to State administrative agencies (in the first quarter of 2004).

Sub-Scheme 4: Improving the meeting regime, reducing administrative papers in the activities of State administrative agencies

1. Objectives:

To substantially renew the meeting regime and administrative papers (excluding legal documents) in the activities of State administrative agencies; reducing to the utmost and eliminating unnecessary meetings, devising a system of uniform administrative document forms in the State administrative agencies at all levels.

2. Contents:

- Surveying and evaluating the actual system of administrative papers of the State administrative agencies;

- Formulating forms and administrative papers in the State administrative agencies.

3. Assignment of implementation responsibilities:

- Responsible agency: the Government Office.

- Coordinating agencies: ministries, branches and localities.

4. Outcomes of the Sub-Scheme:

a/ A report on the actual situation of meetings, administrative papers and recommendations regarding the regime of meetings and administrative papers (in the first quarter of 2004);

b/ A draft decision of the Prime Minister prescribing the regime of meetings in the State administrative agencies (in the second quarter of 2004);

c/ A draft decision of the Prime Minister prescribing a system of administrative forms and papers for uniform application in the agencies within the State administrative system from the central to local levels (in the second quarter of 2004).

Sub-Scheme 5: Surveying and evaluating the actual situation of, and formulating an overall planning on, the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels

1. Objectives:

To evaluate the actual situation of the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels from plannings to investment in the building, repair and renovation thereof; to propose requirements, contents and measures to modernize working offices.

2. Contents:

- Surveying and evaluating the actual situation of the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels; proposing planning contents and principles as well as overall plannings on working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels;

- Studying and formulating a set of criteria for new working offices of State administrative agencies;

- Studying and building a model of concentrated administrative quarters at the provincial and district levels;

- Studying and elaborating regulations on model designs, typical designs, warranty and maintenance regimes and regulations on the management of working offices of the State administrative agencies.

3. Assignment of implementation responsibilities:

- Responsible agency: the Ministry of Construction.

- Coordinating agencies: the Ministry of Planning and Investment, the Ministry of Finance, the Government Office, the Ministry of the Interior, the General Department of Statistics, other ministries, branches and localities.

4. Outcomes of the Sub-Scheme:

a/ A report on the actual situation of the system of working offices of the State administrative agencies and the demands for modernization thereof (in the first quarter of 2004);

b/ A draft decree of the Government approving the overall planning on the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and provincial-level People's Committees (in the second quarter of 2004);

c/ A draft decision of the Prime Minister on the standards of construction of working offices of the State administrative agencies (in the first quarter of 2004).

d/ A draft decision of the Prime Minister on a model of working offices of State administrative agencies (in the first quarter of 2004);

e/ A draft decision of the Prime Minister on a model of concentrated administrative quarters at the provincial and district levels (the first quarter of 2004);

f/ A draft decision of the Prime Minister on the Regulation on the State management of working offices of the State administrative agencies (in the second quarter of 2004);

g/ A draft decision of the Minister of Construction prescribing model designs, typical designs, warranty and maintenance regimes and regulations on the management of working offices of the State administrative agencies (in the first quarter of 2004);

h/ Proposing scientific foundations for changing and supplementing Vietnamese standards in the domain of working offices (in the first quarter of 2004).

Sub-Scheme 6: Making plans on investment in repairing, renovating, upgrading and building the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels in the 2005-2010 period

1. Objectives:

To draw up plans in order to grasp the demands for investment in repairing, renovating, upgrading and building the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels; on this basis to determine the investment principles and order and ensure the efficient use of capital construction investment capital sources and the thrifty spending of the State budget.

2. Contents:

Studying and making plans on investment in repairing, renovating, upgrading and building the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees at all levels.

3. Assignment of implementation responsibilities:

- Responsible agency: the Ministry of Planning and Investment.

- Coordinating agencies: the Ministry of Finance, the Ministry of Construction, the Government Office.

4. Outcomes of the Sub-Scheme:

a/ A report summing up the plans on investment in repairing, renovating, upgrading and building the system of working offices of the State administrative agencies (in the second quarter of 2004);

b/ A draft decision of the Prime Minister approving the plans on investment in repairing, renovating, upgrading and building the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees of the provinces and centrally-run cities (in the second quarter of 2004).

Sub-Scheme 7: Surveying, studying and formulating criteria and regimes of working equipment and facilities of the State administrative agencies, officials, employees and servants

1. Objectives:

To standardize the regime of working equipment and facilities of State administrative agencies, officials, employees and servants on the principle of ensuring the efficient and thrifty use of the State budget.

2. Contents:

- Investigating and surveying the actual situation of working equipment and facilities of State administrative agencies, officials, employees and servants.

- Studying and formulating criteria and regime of working equipment and facilities of State administrative agencies, officials, employees and servants.

3. Assignment of implementation responsibilities:

- Responsible agency: the Ministry of Finance.

- Coordinating agencies: the Ministry of Planning and Investment, the Ministry of the Interior, the Government Office, the General Department of Statistics.

4. Outcomes of the Sub-Scheme:

a/ A report on the actual situation of working equipment and facilities of State administrative agencies (in the fourth quarter of 2003);

b/ A draft decision of the Prime Minister on criteria and regime of working equipment and facilities of State administrative agencies, officials, employees and servants (in the first quarter of 2004).

IV. ORGANIZATION OF IMPLEMENTATION

1. Assignment of implementation responsibilities

a/ The Government Office:

- To assume the prime responsibility for, and coordinate with the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees of the provinces and centrally-run cities, in studying, formulating and implementing the Scheme on renewing the executive mode and modernizing working offices of the system of State administrative agencies; regulating and coordinating the activities of the concerned agencies in implementing the Scheme, ensuring an effective integration of the Sub-Schemes;

- To guide and supervise the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees of the provinces and centrally-run cities in implementing the Scheme on renewing the executive mode and modernizing working offices of the system of State administrative agencies; sum up the situation and send quarterly reports thereon to the Prime Minister;

- To assume the prime responsibility for, and coordinate with the concerned agencies in, studying and working out a mechanism of coordination among State administrative agencies in the process of formulating, promulgating, and supervising the implementation of, policies, strategies, plannings and plans; a model working regulation for the ministries, branches and People's Committees at all levels; and the regime of meetings and administrative papers in the administrative agencies at all levels.

b/ The Ministry of Planning and Investment:

- To assume the prime responsibility for, and coordinate with the Government Office, the Ministry of Finance and the concerned ministries, branches and localities, in incorporating the Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005), in the annual State plans;

- To assume the prime responsibility for and coordinate with the Ministry of Finance and concerned agencies in making plans on investment in repairing, renovating, upgrading and building the system of working offices of the ministries, ministerial-level agencies, agencies attached to the Government, and People's Committees of the provinces and centrally-run cities.

c/ The Ministry of Finance:

- To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Government Office in, balancing the State budget for the Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005), within the total State budget estimate for submission to the Prime Minister for consideration and decision;

- To allocate sufficient sources of funding for the formulation, deployment and implementation of the Scheme; to conduct financial inspection in the implementation of the Scheme; to sum up the annual situation of the allocation of funding to the Sub-Schemes and approve the final settlements for the completed ones;

- To assume the prime responsibility for, and coordinate with the concerned agencies in, formulating criteria and regime of working equipment and facilities of State administrative agencies, officials, employees and servants.

d/ The Ministry of Construction:

To assume the prime responsibility for, and coordinate with the concerned agencies in, elaborating an overall planning on the system of working offices, devising a model for working offices, a model for concentrated administrative quarters at the provincial and district levels, regulations on the management of working offices, standards of construction of working offices, model designs, typical designs, warranty and maintenance regimes for working offices of State administrative agencies.

e/ The Ministry of the Interior:

- To coordinate with the Government Office in combining the implementation of the Scheme on renewing the executive mode and modernizing the State administrative system with that of the 2001-2010 Overall Program on State Administrative Reform;

- To coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the Government Office in mobilizing international resources for the Scheme's implementation.

f/ The Ministry of Science and Technology:

To coordinate with the Government Office and the Ministry of the Interior in formulating a system of quality control standards for application to activities of State administrative agencies at all levels.

g/ The General Department of Statistics:

To coordinate with the Government Office, the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Construction in surveying, gathering statistics on, and assessing material bases and working equipment and facilities of the system of working offices of the State administrative agencies.

h/ The ministries, the ministerial-level agencies, the agencies attached to the Government, and People's Committees of the provinces and centrally-run cities:

- Within the scope of their respective functions to coordinate with the responsible agencies in implementing the relevant contents already stated in the Scheme, to periodically report on the results thereof to the Government Office for summing up and reporting to competent authorities;

- To formulate working regulations; work out overall plannings on the system of working offices; draw up plans on investment in repairing, renovating, upgrading and building the system of working offices under the management of the ministries, branches and localities;

- To experiment then widely apply the quality control system to managerial activities of administrative agencies; to renovate the meeting regime and reduce administrative papers under the management of the ministries, branches and localities;

2. Implementation schedule

The Scheme's time has been determined in each Sub-Scheme. By the end of 2005, to organize a meeting to review the results of implementation of the Scheme and continue elaborating the Scheme for stage II (2006-2010).

3. Determination of requirements on resources

a/ Regarding human resources:

- To mobilize the participation of excellent specialists knowledgeable of this domain (both Vietnamese and foreign);

- To employ the contingent of specialists of the ministries, branches and localities for the implementation of the Scheme.

b/ Regarding finance:

- Expenditures on the Scheme's implementation:

+ Formulation of programs and plans of the Sub-Schemes;

+ Surveys of ministries, branches, localities and foreign countries;

+ Investigations, surveys and gathering of statistics on the material bases of the system of working offices;

+ Hiring of consultants;

+ Seminars to collect comments of scientists, managers and administrators;

+ Formulation and finalization of draft reports and legal documents;

+ Training in the implementation.

- Draft budget for the implementation of the Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005):

Basing itself on the Scheme already approved by the Prime Minister and the detailed cost estimates drawn up by the ministries assigned to implement the Sub-Schemes at the proposals of the Government Office, the Ministry of Finance shall coordinate with the Ministry of Planning and Investment in allocating budgetary capital for the Scheme's implementation, which is divided by annual demand, and the source of capital arranged for 2003.

This funding shall be transferred into the account of the Government Office for the Scheme's Executive Committee to manage and allocate it to the agencies responsible for implementing the Sub-Schemes.

4. The Scheme's Executive Committee

To set up the Executive Committee for the Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005).

The Executive Committee shall work on a part-time basis, have a deputy director of the Government Office as its head, representatives of the leaderships of the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction, the Ministry of Science and Technology, the Ministry of the Interior as its members. The director of the Administrative Reform Department of the Government Office shall act as a secretarial member.

To assist the Scheme's Executive Committee shall be a Secretariat consisting of a number of officials and experts of the Government Office, the Ministry of Construction, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of the Interior, the Ministry of Justice, the Ministry of Science and Technology and the General Department of Statistics.

The working regulation and specific organization of the Scheme's Executive Committee shall be promulgated by the head of the Executive Committee after reaching agreement thereon with the concerned ministries, branches and localities.

The Executive Committee shall take responsibility before the Prime Minister, the minister-director of the Government Office for organizing the implementation of the Scheme on renewing the executive mode and modernizing working offices of the State administrative system, stage I (2003-2005).

Should they meet any problems in the implementation of the Scheme, the ministries, the ministerial-level agencies, the agencies attached to the Government, and the People's Committees of the provinces and centrally-run cities shall report them in time to the Government Office for summing up, reporting and proposing to the Prime Minister and the Government's Administrative Reform Steering Committee for consideration and direction.

Prime Minister

PHAN VAN KHAI